There is no doubt in this issue the defect of compensation in fact is defect of goods liability but there is disagreement about nature of it, that is contractual liability or non-contractual liability and if it is a contractual liability, is it physical liability or mental liability that were referred to it by some eminent Islamic jurists or it is a legal damage. The results of discussion appear in this issue that if the the orderliness of the goods is considered an essential condition, the lack of it, is an indication that the Seller did not satisfy his/her obligations and therefore the contract is invalid. and if the orderliness of the goods is part of it, discovery of defect generates an Option of termination. This article is about analyses of such discussion with study in view of civil code and in finally we deciding proved that the defect of compensation is based on legal damage.

In all legal systems, it’s essential to know the nature of fault due to the absolute responsibility of a salesman or producer, on the one hand, and the possibility of receiving compensation on the other hand. In Islamic law, this absolute responsibility is interpreted as ḍamān (indemnification); therefore, this ḍamān that is our subject of discussion in Option of defect, is taken into consideration when preparing legal statements as well as in transactions. Thus by realizing the issue, that is, the defect and by expressing its properties and solving possible conflicts, it is made easy to enforce the propositions related to defect. This paper tries to review some criteria of defect, as well as pondering on its nature, and by presenting ideal criteria, facilitates annulment or correction of a deal and enforcing the propositions of Option and receiving compensation or refund.

The distally based sural fasciocutaneous flap has become a main part of the reconstruction of the lower leg, heel and foot. However, perfusion problems and venous congestion have been reported. Over the past decade, several flap modifications have been reported to improve flap viability and to solve a myriad of reconstructive needs. The purpose of this paper is to describe our experience in harvesting the reversed large sural flap from the proximal and middle third of the leg for large defects on the foot. We applied the extended reversed sural flap from the proximal third of the leg in traumatized patients which had large defects on their foot. The technique was done in 3 parts: 1- the flaps were designed in the proximal third of the leg five centimeter lipofascial tissue was protected around the pedicle in distal part; 3- The pivot point was located in seven to eight cm proximal the lateral malleolus before the first fasciocutaneous perforators arising from the peroneal artery. Sural flaps from the proximal and middle third of the leg were designed in 13 patients who had large defects on their foot. No flap necrosis or split thickness skin graft loss occurred. The flaps healed by the 3rd week excluding two patients. This study supports the application of our technique as a safe, easy and useable method in large defects of the foot. The results showed low rates of ischemia, venous congestion, dehiscence, infection and flap necrosis. Proximal extended and large distally based sural flap is an alternative to free tissue transfer for large defect reconstruction of the foot.

The aim of the present study was the histological evaluation of Enamel Matrix Derivative (EMD) effectiveness for regeneration of periodontal defects. EMD activates cementum synthesis, PDL and bone during the maturation stage of follicole. In this research, EMD was used in surgical defects of premolar teeth in four adult sheep. Muccoperiosteal flap was reflected in buccal site of teeth. The buccal bone plate was removed from mesial to distal in 4 mm depth. After eliminating the cementum by bur and its etching, EMD was applied on exposed dentine and flap was sutured. In opposite sites of those teeth (control sites) the same process was performed without etching. After 100 days, sheep were sacrificed and histological study through light microscopic was performed on black sections of operation sites. The results showed that in test sites, regeneration of cementum and bone was 62/5% and 42/5-50% respectively. But in control sites regeneration of cementum and bone was 37.5% and 32/5-42/5% respectively. Also the migration of junctional epithelium in control sites was 8-10% more than test sites. The important point is that in test sites, cementum was completely attached to undermining dentine. But, in control sites, the gap between cementum and dentine was visible. As a result, this study suggests that EMD promotes periodontal regeneration, and EMD application is a successful achievement in regenerative periodontal therapy.

According to the well-known (dominant) views of jurists, abolishing of the right not to accept the occurrence (contingency) of a defect to the customer has stipulated in the third clause of article 429 of the Civil Code and has not limited it to non-extinction (non-extinguishment) of defect. Whereas some jurists believe that if the defect is removed by the customer, the right of rejection will still be reserved for the customer. This research, which has been conducted by descriptive-analytical method, shows that the Mursallah (Arabic: مرسله, meaning: sent or transmitted, tradition with no chain of transmitters or with an incomplete one) of Jamī, l b. Darrā, j (Arabic: جمیل بن دراج) is the only scriptural proof (traditional proof, scriptural evidence) for being abolishing (waiver, abrogating), which Akhund Khurā, sā, nī,(Persian: آخوند خراسانی) rejects the adherence to it and believes that being in abolishing (waiver, abrogating) is in order to observe the status and state of the seller. Therefore, there is no way to use the narrations mentioned in the assumption of compensation of damage. The occurred defect is not relevant for the extinction (disapproval) of the right of rejection, but the criterion is the cause of harm to the seller and not respecting his/her right, so it seems that if the occurred defect is resolved, the right of abolishing will not be revoked, and the mentioned article needs to be amended (corrected).

To protect the contractor who is unaware of the actual price, defects and characteristics of goods or services, the Law- of contracts- recognizes the right of termination of transaction. But a lack of awareness by the contracting party is sometimes due to ignorance or lack of careful inspection. Analyses of legal texts and doctrines indicate that ignorance of the contracting party does not eliminate the possibility of termination which means that the law is rewarding carelessness! However, keeping solidarity of transactions requires that the right of termination not be recognized, in cases where the contracting party does not reasonably examine the actual price, defects and/or characteristics of goods or services before entering into contract. Critically examining the jurisprudential texts and legal approaches of some European countries, the present study sheds light on the duty of the contracting party to investigation prior to entering a contract. Findings revealed that in the legal systems of France and Germany, in cases where the contracting party was able to observe and become aware of the defect, it is not possible to terminate the contract, while in English law the contractor's negligence will not necessarily deprive him/her of the right to claim deception and therefore to avoid the contract.

Statement of Problem: The goal of bone regenerative therapy is to reconstruct the damaged tissues to initial condition, which seems so important in periodontology and implantology. In such therapies, different biomaterials, with some advantages and disadvantages, may by use.Purpose: The aim of this research was to evaluate the quality, bone trabecular density and thickness of newly forming bone as well as foreign body reaction against Biostite®, in comparison with the control group.Material and Methods: In this experimental study the total number of 5 sheep was operated with general anesthesia. At first 10 standard defects were created in 5x5x5 mm on the left and right edentulous mandibular ridge. Five defects were randomly treated by Biostite®, the remaining five were considered as controls. After six months, the sheep were sacrificed and the separated defect areas with intact margin were placed in 10% formalin and prepared for histologic and histomorphometric study. To analyze the data, Mann- Whitney U test was used.Results: The mean percentage of new bone formation in Biostite®group was statistically more han the control group (P<0.05). Newly formed bone was vital in both groups which was a combination of lamellar and woven types, however, the thickness and density of new bone in biostite® group was more than the controls. Foreign body reaction was observed in Biostite® group. Conclusion: It is suggested that Biostite® synthetic material can be useful in bone regenerative therapies.

In Option of defect, most of the Imamiyah jurists believe that after the appearance of defect, the customer has the right to abolish and set arsh (compensation) at the same time. The Article 422 of Civil Code based on this viewpoint states that after the deal, if it becomes clear that the goods is defective, then the customer has the authority to take arsh or abolish the deal due to the defective goods. However, the study that has been carried out through descriptive-analytical shows that the arguments of this theory can be accepted. Therefore, using the general hadiths of "al-Nas Mosalatoun ala Amwalahom", "la Yahelo Mal Amro Moslem", "Adeloh la Zarar" as well as Jamil ibn Darraj's narrative and other arguments means lack of choice and the only way to receive arsh is related to the impossibility of Rad (abolition).

The topic of this article is study on the possibility of applying of the rule of price reduction, as one of the buyer’s rights, in Iran’s legal system. Aforementioned rule, was predicted in article 50 of the convention on the international sale of goods (1980 Vienna), as an international model law and means that the buyer despite of delivering nonconforming good with the contract by the seller, accepted it and intended to restore the consideration of nonconforming sale. The results of this study indicate that despite the lack of an explicit forecast of this rule in juridical texts and Iranian’s laws, parallel institutions with this rule can be found in them that indicate willingness of founder and legislator to accept this rule. The authority to obtain compensation (Arsh) in the Option of defect and to split the price in the Option of discrimination, are from the domestic similar cases approved in line with the price reduction rule and has the same goal and function and in this respect can be taken into consideration.